Guide 1 of 5 · Commonwealth

The EPBC referral: asking first, before the work starts

A project that will have, or is likely to have, a significant impact on a matter protected by the EPBC Act must be referred to the National Environmental Protection Agency before it starts. The National EPA describes a referral as “a written request for the Environment minister to decide whether the action you propose needs assessment and approval under the EPBC Act.”

General information, not legal advice. This guide rests on the National EPA’s referral and assessment pages for the Environment Protection and Biodiversity Conservation Act 1999. The National EPA is the official place to check.

The law is changing by 1 December 2026. The Environment Protection Reform Bills passed Parliament on 28 November 2025, and the federal environment department says the next suite of changes will take effect by 1 December 2026. The steps and business-day times below are the National EPA’s as published on 8 October 2026. Check its pages before relying on them.

What the Act protects

The National EPA lists what the EPBC Act covers.

“The EPBC Act protects 9 matters of national environmental significance:

declared world heritage properties
national heritage places
wetlands of international importance (listed under the Ramsar Convention)
listed threatened species and listed ecological communities
listed migratory species (protected under international agreements)
Commonwealth marine areas
Great Barrier Reef Marine Park
nuclear actions (including uranium mines)
water resources (concerning coal seam gas and large coal mining development).”

National EPA, Referrals and environmental assessments under the EPBC Act

It also covers actions on or affecting Commonwealth land, actions by an Australian Government agency anywhere in the world, and actions that impact Commonwealth heritage places overseas. The National EPA calls all of these “protected matters”.

The self-assessment comes first

Not every project needs a referral, and the way to find out is a self-assessment, done in order.

Find what is nearby. Check which plants, animals, habitats or places are in the area, using the National EPA’s Protected Matters Search Tool.
Judge whether the impact could be significant. The National EPA points to the Significant Impact Guidelines 1.1 and related guidelines. Its tools “won’t give you a definite answer”, and it advises against rushing.
Talk it through, if unsure. A pre-referral meeting with an assessment officer is free and optional. The National EPA “highly” recommends booking one early in the project’s design.
Decide. If the self-assessment shows a likely impact on a protected matter, a referral is needed. If the proponent is sure there will be none, they may choose not to refer, but must keep a copy of the self-assessment to send if asked.

In the National EPA’s words, “Referring your project is the only way to have legal certainty.” And a project can still be referred when its proponent believes it won’t have a significant impact, or is unsure.

What goes into a referral

The National EPA says to “allow up to 18 months if you need to collect information”, partly because some surveys can only happen at certain times of the year. It asks for:

a dated map of the project with a clear legend;
data and surveys under 5 years old;
records of consultation with First Nations people and communities, and with the public;
other reports and studies, such as cultural heritage studies;
a recent report from the Protected Matters Search Tool.

The referral is lodged through the EPBC Act Business Portal, and a cost-recovery fee applies unless the proponent is exempt or granted a waiver. Someone else can prepare and submit it, but the proponent “remain[s] responsible for the project”.

The 20 business days

Day 0Published. Once the application is confirmed as valid, it is published on the Public Notices page and the 20-business-day decision timeframe begins.
Business days 1 to 10Public comment. The public can comment on the referral for the first 10 business days.
Business days 11 to 20Decision. The minister or their delegate decides within 10 more business days. If the National EPA asks for extra information, it “stops the clock” until it arrives, and stopping the clock incurs a fee.

The decisions a referral can bring

The minister can make 5 types of decisions on referred actions. The National EPA describes them like this.

Decision	What it means	What follows
Clearly unacceptable	The action has, or will have, a clearly unacceptable impact on protected matters.	The minister may decide the project can’t proceed.
Controlled action	The action has, or will have, a significant impact on protected matters.	Formal assessment and approval before the work starts.
Not a controlled action, particular manner	Done in the particular manner proposed, the action won’t, or isn’t likely to, have a significant impact. It is “NOT an approval”.	The action must follow the manner in the decision notice; doing it differently means referring it again.
Not a controlled action	Unlikely to have a significant impact, however it is done.	No further assessment, but it must be done as described in the referral.
Split referral (section 74A)	The action appears to be part of a larger action.	The minister or delegate may refuse to accept the referral.

A “not a controlled action” decision carries a real protection: the proponent can’t be prosecuted under the EPBC Act for carrying out the work, even if it ends up having a significant impact. If a controlled action is approved, any conditions of the approval must be met for the entire approval period.

Starting without a decision

Starting an action without an approval can be a serious breach or an offence, and that “includes starting an action while you’re waiting for a decision”. The National EPA gives the maximum penalty for breaching the Act as “a civil penalty of up to 5,000 penalty units for an individual, or up to 50,000 for a body corporate” and “a criminal penalty of up to 7 years’ imprisonment and/or 420 penalty units”. An injunction from the Federal Court could also stop the action.

The state approvals still apply

Even a proponent who decides not to refer is told to check with state and local authorities about other approval requirements. The Australian Government has assessment bilateral agreements with all states and territories, which let them assess some projects under the EPBC Act.

For the state side in NSW and Victoria, see environmental assessment in a development application; for a NSW industrial site, see NSW environment protection licences.